Bill C-473

3rd Session, 40th Parliament,

59-60 Elizabeth II, 2010-2011

house of commons of canada

BILL C-473

An Act to protect insignia of military orders and military decorations and medals that are of cultural significance for future generations

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Protection of Insignia of Military Orders and Military Decorations and Medals Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

“insignia” means an insignia of a military order or a military decoration or medal that is awarded by Her Majesty in right of Canada and that is less than 50 years old.

“Review Board” means the Canadian Cultural Property Export Review Board established by section 18 of the Cultural Property Export and Import Act.

(2) An insignia shall be considered to be an insignia of cultural significance if it is identified as such in the regulations or if it meets the criteria for cultural significance set out in the regulations.

EXPORT OF INSIGNIA

3. (1) It is prohibited for any person to export or attempt to export an insignia of cultural significance unless that person has first submitted an offer to sell the insignia to the Canadian Museum of Civilization, which includes its affiliated museum the Canadian War Museum, the Department of Canadian Heritage or the Canadian Forces, and that person

(a) has received a refusal of his or her offer in writing; or

(b) has not received an acceptance of his or her offer within 120 days after the offer was received.

(2) Subsection (1) does not apply to the export of the insignia to a spouse or common-law partner, father, mother, grandfather, grandmother, child, child of the spouse or common-law partner, grandchild, brother, sister or heir of the owner of the insignia.

(3) In the event of any inconsistency between the provisions of this section and the provisions of any letters patent, constitution, regulation or other instrument governing an insignia or the provisions of the Queen’s Regulations and Orders for the Canadian Forces, the provisions of the letters patent, constitution, regulation or other instrument or Queen’s Regulations and Orders for the Canadian Forces prevail to the extent of the inconsistency.

OFFENCE

4. Every person who contravenes section 3 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000.

REGULATIONS

5. The Governor in Council may make regulations

(a) identifying insignia of cultural significance and the criteria to be applied in determining whether an insignia is of cultural significance; and

(b) concerning any other matter referred to in this Act.

CULTURAL PROPERTY EXPORT AND IMPORT ACT

6. The Cultural Property Export and Import Act is amended by adding the following after section 20:

20.1 The Review Board shall, on request of the Minister, determine the amount of a fair cash offer to purchase in respect of an insignia that is offered for sale as required under subsection 3(1) of the Protection of Insignia of Military Orders and Military Decorations and Medals Act.

COMING INTO FORCE

7. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.